Posted: December 19th, 2022
Introduction With Decision of 29 November 2021, the Court of Milan addressed the issue of the admissibility under Italian law of claims limitation of a granted patent in preliminary injunction (“PI”) proceedings. The relevant provision is Article 79 of the Italian Intellectual Property Code (“IPC”), pursuant to which a patent can be limited in three […]
READ MOREPosted: August 14th, 2021
Interdigital Technology Corp and others v Lenovo Group Ltd and others [2021] EWHC 2152 (Pat) Background This judgment, handed down on 29 July 2021, concerned the validity and essentiality of EP (UK) 2 485 558 (“EP 558”). HHJ Hacon’s judgment is the first technical trial in a series of trials concerning five SEPs asserted by […]
READ MOREPosted: July 5th, 2021
UK Patents Court holds electronic interface patent invalid, by Graham Burnett-Hall, Marks & Clerk The UK Patents Court has issued its judgment in an infringement action brought by Add2 Research and Development Limited against dSPACE Digital Signal Processing & Control Engineering GmbH and dSPACE Limited, in which Add2 alleged infringement of European Patent No. 1 […]
READ MOREPosted: February 16th, 2021
Ilumina Cambridge Limited v Latvia MGI Tech SIA and others, High Court of England and Wales, 20 January 2021, [2021] EWHC 57 (Pat) This was a substantial patent dispute which spanned 12 days in court and involved infringement and validity of 5 patents. The patentee, Illumina, held patents relating to DNA sequencing technology and MGI […]
READ MOREPosted: January 12th, 2021
Corning v. Huawei / Court of Appeals of Barcelona, 16 October 2020, Docket No. 1686/2018 / Effects of a patent limitation at the EPO in appeal Court proceedings On 16 October 2020, the Court of Appeals of Barcelona issued a ruling exhaustively addressing the effects on national appeal Court proceedings of a patent limitation agreed […]
READ MOREPosted: November 4th, 2020
1. INTRODUCTION On 27 October 2020, the Court of Appeal of The Hague (“CoA”) delivered its judgment in a case between Eli Lilly and Company (“Lilly”) and Fresenius Kabi Nederland B.V. (“Fresenius”). The case for Lilly relates to its patent which protects, inter alia, Lilly’s product Alimta® in combination therapy with vitamin B12 and folic […]
READ MOREPosted: October 15th, 2020
Ciel et Terre International versus Profloating, PI judge of the District Court of The Hague 6 October 2020, ECLI:NL:RBDHA:2020:9924 Facts Ciel et Terre International (hereinafter: “C&T”) is the owner of European patent EP 3 336 447 B1 (hereinafter: “EP ‘447”), which relates to a floating photovoltaic installation comprising photovoltaic panels and two types of modular […]
READ MOREPosted: June 25th, 2020
FibroGen & Astellas v Akebia & Otsuka – Lord Justice Arnold returns to the Patents Court for monster six patent trial Lord Justice Arnold returned to the High Court in March to hear a trial involving the validity and threatened infringement of six patents concerning the use of inhibitors (referred to as HIF-PHIs) of an […]
READ MOREPosted: March 2nd, 2020
Fresenius Kabi Deutschland GmbH (“Fresenius”) v. Biogen (Denmark) Manufacturing ApS and Biogen (Denmark) A/S (collectively “Biogen”), and intervening party Samsung Bioepis UK Limited (“Samsung Bioepis”), the Danish Maritime and Commercial High Court Case number BS-39398/2018-SHR, 20 June 2019 Right to continue use begun before the priority date, invalidity due to inadmissible extension of the subject-matter, […]
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